The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1887-05-19

to be had. The answer was in the neg
ative. Then the governor asked if there
was any material damage to the walls, or
if the commissioners had any recommend
atoms to make in regard to the matter.
They answered these questions both in
the negative.
| The board were pretty we'll convinced
that the masonry were was first -class.
Charters were filed with the secretary of
state yesterday, by the Brotherhood or
Coachmen of San Antonio, and by Haley
academy of Italy, Ellis county.
State Treasurer Lubbock announces
that he is prepared to pay registered
! available school fund warrants to, and in
elusive OF, registered number 351.
Cash receipts at the treasury yesterday
amounted to about $4,000. The comp
trollers deposits all told were $4,000 to
the school fund, and about $4,000 to the
general fund. There are now between
81 100000 and $1,2O0,00O in the treas
ury.
The secretary of state Is still at
work countersigning notaries COM
missions. They will be sent out
on the goth inst, and the new
appointees will qualify on or after the LIST
of june.
The governor has been wrestling for
day or two with applicants for pardons.
The communication to the governor
from the county commissioners of Medina
county is under careful consideration at
/ The hands of the executive, who will, if it
is in his power to do so, arrange some
! way to render aid to the
sufferers. Two ways to do
this, have been suggested
If the law will sanction it, the governor
may draw the $4,000 unexp6idea out of
the drouth relief appropriation and apply
it to the demands of the occasion. If
this cannot be done, nothing is now in
sight, as an available method, except the
issuance of a proclamation calling atten
tion to the restitution and suffering, and
urging the people of the state, who have
been providentially favored, to give of
their surplus in aid of those who are
needy and in want,
The following letter explains itself:
Hon. o. a. Cooper, Superintendent Public In
struction, Austin:
Dear Sir-By letter of this morning
you state that the act of the last legisla-
ture exempting certain counties from the
''district system" has caused great con
fusion, inasmuch as district trustees were
taking the census, and some had already
voted the local tax, employed teachers,
ETC., and ask if under section 30, chapter
25, acts 1884, you have authority to de-
clare the exemption imperative until the
consent of majority Of the legal voters
has been obtained.
The right of the legislature, by general
or special laws, to establish school dis
tricts is upheld by section 3, article 7,
amended constitution of 1876; and in its
general sovereign powers Tin this respect,
nowhere restricted by organic law it can
change or abolish them at will. From this
| it follows that the law to which you refer
is authorized and constitutional. However,
| it is only intended to operate prospectively
School districts organized under section
80, chapter 25, acts 1884, may be termed
quasi corporations, but they are public
and political, as disting uished from pri-
vate corporations; are subject to the alb
solute control of the legislature, or its au :
thority, and by it may be modified or
abolished at any time, even against the
will and consent of a majority, or all, of
the voters within them.
The only limitation upon this power that
could possibly arise, under the state OF
facts you present; is in section l6,
article /, constitution 1876, wherein retro
active laws, and those impairing the obi
CATION of contracts are prohibited. Under
the acts of 1884, section 81, the trustees of
school districts are a body polite and
corporate in law, authorized to contract,
sue and be sued, etc. Now, if in the dis
tricts you cite, teachers have been en-
ployed by the lawful trustees thereof, be-
fore the passage of the act of 1887, the
contracts are not impaired by section II
of said act, but are valid in law, and should
be complied with in good faith.
With relation to the other steps, as
where the census has been taken, the
special tax levied and ready for collection,
ETC., the act of 1887 should not be made to
have retrospective effect, especially where
confusion would be the result for want of
law affording relief in such cases.
To reconcile and harmonize such ap-
parent conflicts between the old and the
new laws, and to apply a skillful hand to
the educational machinery of the govern
ment, that incougruous and fatal results
may be avoided, is certainly within the
scope of your legal authority, and is one
of your most delicate, yet very important,
duties.
To this end, turning upon the subject
under consideration, you are most
respectfully advised: that you have not
the authority to declare the exemptions
contained in said section II imperative;
but it will be correct and proper for you
to rule that all contracts entered into and
measures taken towards schools and de-
fraying their expenses under the "district
system" prior to the passage of said law,
shall be complied with and carried out in
good faith, for during this the present
scholastic year. With great respect,
am Your Obedient Servant,
Us. HoGG, Attorney General.
The following is letter of Superinten-
dent Cooper in regard to summer normals;
81 will authorize at least one summer
normal institute in each senatorial dis
trict for white teachers, and one in each
congressional district for colored teach
ers, to examine teachers for summer nor
| l. hu